The High Court in Accra has thrown out an application seeking to compel the Speaker of Parliament, Alban Bagbin, and President Nana Addo Dankwa Akufo-Addo to act on the Anti-LGBTQ+ Bill within seven days.
In a ruling Monday [April 29, 2024], the court, presided over by Justice Ellen Lordina Serwaa Mireku, said although it had the discretion to grant the mandamus application, it was inappropriate to compel the respondents since there were two cases pending at the Supreme Court challenging the breach of the Constitution on the passage of the bill.
The application was filed by a Member of Parliament for South-Dayi Constituency, Rockson-Nelson Dafeamekpor, on March 22, 2024.
Arguments
In court yesterday, his lawyer, Nii Kpakpo Samoa Addo, argued that the crux of the application was for the court to compel the President to receive the bill, adding: “We have come to court for a mandamus for the Speaker of Parliament to send the bill to the President”.
The Chief State Attorney, Sylvia Adesu, on the other hand, said the action was premature for the Court to interfere with matters between Parliament and the Presidency when the bill had not even been assented to.
Background
In his application at the High Court, Dafeamekpor had prayed the High Court to compel the Speaker of Parliament to submit the Anti-LGBTQ+ Bill to the President within seven days.
The Plaintiff had also requested that the Court compel the President to receive the Anti-gay bill and either sign or indicate to Parliament he cannot assent to it within the same period.
The application for Judicial Review in the nature of mandamus was premised on the grounds that the Human Sexual Rights and Family Values Bill had been duly passed by the Parliament of Ghana in compliance with the 1992 Constitution of Ghana.
The legislator also argued that the bill “must be transmitted to and received by the President of Ghana for assent or otherwise in accordance with Article 106 of the 1992 Constitution.
Source:graphic.com.gh
